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It seems like every election thread ends up with a liberal referring to the fact that Trump’s case in PA was “thrown out”. While the media loves to concentrate on this angle, things could be much worse.
The PA case was in front of a district judge. That is two levels of appeal from the US Supreme Court. Neither side will live with the decision of a trail court judge, so any time spent in district court is a waste of time that Trump’s team does not have. The worst outcome would have been that the judge held an evidentiary hearing/trial, which based on the types of evidence outlined by Trump’s team would have taken weeks, then ruled against him. Deciding the case quickly was as much as Trump could hope for from an Obama appointee.
Aside from timing, accepting evidence would have changed the standard of review on appeal. The way the case was dismissed gives the appellate court the ability to hear the appeal de novo. That means it conducts a wholly independent review of the case and is free to decide as it sees fit.
Had the judge heard evidence and made a factual determination, the standard of review would have been “clearly erroneous”. Review under the clearly erroneous standard is significantly deferential, requiring a “definite and firm conviction that a mistake has been committed.” See Easley v. Cromartie, 532 U.S. 234, 242 (2001). If the district court’s account of the evidence is plausible in light of the entire record, the court of appeals may not reverse, even if it would have weighed the evidence differently. Cases reviewed under that standard are rarely overturned.
A loss isn’t always a loss. Trump 2020!
Last edited by jmh3; 11/22/20.
------------------------ John
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The problem with your post is that the people that need to read and understand it, won't do either.
You get out of life what you are willing to accept. If you ain't happy, do something about it!
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I think the judge was happy to drop that "hot potato"
Originally Posted by Judman PS, if you think Trump is “good” you’re way stupider than I thought! Haha
Sorry, trump is a no tax payin pile of shiit.
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I think the judge was happy to drop that "hot potato" No doubt.
------------------------ John
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OP
Campfire Regular
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The problem with your post is that the people that need to read and understand it, won't do either. It’s longer than a 6 word media talking point. I wouldn’t expect anything else.
------------------------ John
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...Deciding the case quickly was as much as Trump could hope for from an Obama appointee... Good point.
"There's more to optics than meets the eye."--anon
"...most of us would be better off losing half a pound around the waist than half a pound on our rifle."--dhg
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I think the judge was happy to drop that "hot potato" That Judge was an Obama appointee...nuff said.
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Campfire Outfitter
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...Deciding the case quickly was as much as Trump could hope for from an Obama appointee... So the attorney for Team Trump was seeking a continuance from the judge to their own disadvantage? Do you know why such was denied?
-Bulletproof and Waterproof don't mean Idiotproof.
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Makes sense as fast as Trump stated he was appealing the decision. Shame the Judge wrote 37 pages of opinion then but I reckon the media needs its fodder.
Yup.
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...Deciding the case quickly was as much as Trump could hope for from an Obama appointee... So the attorney for Team Trump was seeking a continuance from the judge to their own disadvantage? Do you know why such was denied? Team Trump filed a motion to extend the deadline to file its motion for Preliminary Injunction because the court issued a scheduling order on Nov 18 that said the deadline to file the motion was Nov 18 ( Docket 164). Cant say I blame them. Team Trump also filed a motion to expedite discovery to try to speed up the process (Docket 171). All the pending motions were denied as moot when the judge dismissed the case. No case no need for scheduling related motions.
------------------------ John
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There sure are a lot of lawyers and epidemiologists on the Campfire.
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There sure are a lot of lawyers and epidemiologists on the Campfire. Gotta make a living somehow, lol.
------------------------ John
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Thanks for the explanation. I truly don't understand the judicial system very well so I appreciate it.
Last edited by bobinpa; 11/22/20.
I sure could go for some $2.50/gal gas and a mean tweet!
NRA Benefactor member, disgruntled. Life member: Firearms Owners Against Crime. Life member: GOA Member: RMEF
TRUMP 2020
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